Couples seeking protection from court must file affidavit on whether it's their first marriage: Jammu & Kashmir HC

The High Court of Jammu and Kashmir and Ladakh has directed that all petitions by married couples seeking protection from threats to their married life must be accompanied by an affidavit indicating whether the marriage sought to be protected is their first marriage or otherwise.

 Justice Moksha Khajuria Kazmi has issued a directive on this aspect to the Registrar Judicial of the High Court.

“The learned Registrar Judicial is directed to ensure that the petitions of this nature must accompany an affidavit filed by the petitioners to the effect that the marriage sought to be protected is their first marriage or otherwise," the Court ordered in its February 24 ruling.

The High Court was hearing a plea filed by a couple who claimed to have solemnized their marriage on February 7, 2026, out of their own free will against the wishes of their respective families.

They anticipated threats to their married life since their family had been opposed to the marriage. They told the Court that they anticipated being arrested by the police on account of their family being bent upon disturbing their married life.

The couple, therefore, approached the High Court seeking directions for the protection of their life and liberty.

The Court noted that both petitioners had attained the age of majority and had entered into wedlock voluntarily.

Relying on the law laid down by the Supreme Court in Lata Singh v. State of UP and Shakti Vahini v. Union of India, the Court allowed the petition and directed the authorities concerned not to interfere in the couple’s marital life.

However, the Court clarified that the protection order shall not be construed as an acknowledgment of the validity of the marriage, and any dispute regarding its legality would be independent of the directions issued.

Further, the Court instructed the Registrar Judicial to ensure that in future, all such petitions to protect a couple's married life must be accompanied by an affidavit disclosing whether the marriage sought to be protected is their first marriage or otherwise.

Advocate Syed Tajamul appeared for the petitioners.

[Read Order]